Maryland 2025 Regular Session

Maryland House Bill HB676 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0676
9	6
10	7		HOUSE BILL 676
11	8		M1, E1 5lr2735
12	9		SB 585/24 – JPR CF SB 123
13		-	By: Delegates Schmidt, Chisholm, Kipke, and Nkongolo Nkongolo, Arikan,
14		-	Bartlett, Conaway, Crutchfield, Grammer, Kaufman, Phillips, Simmons,
15		-	Simpson, Stinnett, Taylor, Toles, Tomlinson, Valentine, and Williams
	10	+	By: Delegates Schmidt, Chisholm, Kipke, and Nkongolo
16	11		Introduced and read first time: January 24, 2025
17	12		Assigned to: Environment and Transportation
18		-	Reassigned: Judiciary, January 29, 2025
19		-	Committee Report: Favorable with amendments
20		-	House action: Adopted
21		-	Read second time: March 21, 2025
22	13
23		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
24	15
25	16		AN ACT concerning 1
26	17
27		-	Boating Accidents – Duty to Remain ~~Stop~~ at the Scene, Render Assistance, and 2
	18	+	Boating Accidents – Duty to Remain at the Scene, Render Assistance, and 2
28	19		Provide Information – Penalties 3
29	20
30	21		FOR the purpose of requiring the operator of a vessel involved in a collision, accident, or 4
31		-	other casualty to return to and remain at ~~stop~~ the ~~vessel as close as possible to the~~ 5
32		-	~~scene of the collision, accident, or~~ casualty until the operator has rendered certain 6
33		-	~~assistance and provided certain~~ information; establishing criminal penalties for the 7
34		-	~~operator of a vessel involved in~~ a collision, accident, or other casualty who does not 8
35		-	~~take certain actions; and~~ generally relating to the operator of a vessel involved in a 9
36		-	~~collision, accident, or other~~ casualty. 10
	22	+	other casualty to return to and remain at the scene of the collision, accident, or 5
	23	+	casualty until the operator has rendered certain assistance and provided certain 6
	24	+	information; establishing criminal penalties for the operator of a vessel involved in 7
	25	+	a collision, accident, or other casualty who does not take certain actions; and 8
	26	+	generally relating to the operator of a vessel involved in a collision, accident, or other 9
	27	+	casualty. 10
37	28
38	29		BY repealing and reenacting, with amendments, 11
39	30		Article – Natural Resources 12
40	31		Section 8–724 13
41	32		Annotated Code of Maryland 14
42	33		(2023 Replacement Volume and 2024 Supplement) 15
43	34
44	35		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
45	36		That the Laws of Maryland read as follows: 17
46	37
47	38		Article – Natural Resources 18
48		-	2 HOUSE BILL 676
	39	+
	40	+	8–724. 19
	41	+
	42	+	(a) (1) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 20
	43	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 21
	44	+	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 22
	45	+	SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASU ALTY. 23
	46	+
	47	+	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 24 2 HOUSE BILL 676
49	48
50	49
51		-	8–724. 1
	50	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 1
	51	+	PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 2
	52	+	COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIE D 3
	53	+	WITH SUBSECTION (B) OF THIS SECTION. 4
52	54
53		-	(a) (1) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 2
54		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 3
55		-	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 4
56		-	SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 5
57		-	SUBSECTION (B) OF THIS SECTION. 6
	55	+	(2) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 5
	56	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 6
	57	+	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 7
	58	+	SCENE OF THE COLLISION , ACCIDENT, OR OTHER CASUALTY . 8
58	59
59		-	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 7
60		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN ~~BODILY INJURY TO~~ ANOTHER 8
61		-	PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 9
62		-	COLLISION, ACCIDENT, OR OTHER CASUALTY ~~UNTIL~~ THE ~~O PERATOR~~ HAS COMPLIED 10
63		-	WITH SUBSECTION (B) OF THIS SECTION. 11
	60	+	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 9
	61	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 10
	62	+	PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 11
	63	+	COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 12
	64	+	WITH SUBSECTION (B) OF THIS SECTION. 13
64	65
65		-	(2) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 12
66		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 13
67		-	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 14
68		-	SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 15
69		-	SUBSECTION (B) OF THIS SECTION. 16
	66	+	(3) (I) IN THIS PARAGRAPH , “SERIOUS BODILY INJUR Y” MEANS AN 14
	67	+	INJURY THAT: 15
70	68
71		-	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 17
72		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 18
73		-	PERSON IMMEDIATE LY SHALL RETURN TO A ND REMAIN AT THE SCE NE OF THE 19
74		-	COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 20
75		-	WITH SUBSECTION (B) OF THIS SECTION. 21
	69	+	1. CREATES A SUBSTANTIAL RISK OF DEATH; 16
76	70
77		-	~~(3) (I) IN THIS PARAGRAPH , “~~SERIOUS ~~BODILY INJUR Y”~~ ~~MEANS AN 22~~
78		-	~~INJURY THAT:~~ 23
	71	+	2. CAUSES SERIOUS PERMAN ENT OR SERIOU S 17
	72	+	PROTRACTED DISFIGURE MENT; 18
79	73
80		-	1. CREATES A SUBSTANTIAL RISK OF DEATH; 24
	74	+	3. CAUSES SERIOUS PERMAN ENT OR SERIOUS 19
	75	+	PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 20
	76	+	FACULTY; OR 21
81	77
82		-	2. CAUSES SERIOUS PERMAN ENT OR SERIOUS 25
83		-	PROTRACTED ~~DISFIGURE MENT;~~ 26
	78	+	4. CAUSES SERIOUS PERMAN ENT OR SERIOUS 22
	79	+	PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORGAN. 23
84	80
85		-	3. CAUSES SERIOUS PERMAN ENT OR SERIOUS 27
86		-	PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 28
87		-	FACULTY; OR 29
	81	+	(II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 24
	82	+	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 25
	83	+	THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 1 YEAR OR A FINE 26
	84	+	NOT EXCEEDING $3,000 OR BOTH. 27
88	85
89		-	4. CAUSES SERIOUS PERMAN ENT OR SERIOUS 30
90		-	PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORG AN. 31
	86	+	2. EXCEPT AS P ROVIDED IN SUBPARAGR APH (III) OF 28
	87	+	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 29
	88	+	THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 5 YEARS OR A 30
	89	+	FINE NOT EXCEEDING $5,000 OR BOTH. 31
91	90
92		-	(II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 32
93		-	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 33
94		-	THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICT ION IS SUBJECT 34 HOUSE BILL 676 3
	91	+	(III) 1. A PERSON WHO VIOLATES THIS SUBSECTI ON AND 32
	92	+	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 33 HOUSE BILL 676 3
95	93
96	94
97		-	TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $3,000 OR 1
98		-	BOTH. 2
	95	+	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOU S BODILY INJURY TO 1
	96	+	ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 2
	97	+	ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO 3
	98	+	IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 4
	99	+	BOTH. 5
99	100
100		-	2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 3
101		-	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 4
102		-	THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT 5
103		-	TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 6
104		-	BOTH. 7
	101	+	2. A PERSON WHO VIOLATES THIS SUBSECTION AND 6
	102	+	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 7
	103	+	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHER 8
	104	+	PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 9
	105	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 10
	106	+	YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 11
105	107
106		-	(III) 1. A PERSON WHO VIOLATES THIS SUBSECTION AND 8
107		-	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 9
108		-	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOUS BODILY INJURY TO 10
109		-	ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 11
110		-	ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUB JECT TO 12
111		-	IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 13
112		-	BOTH. 14
	108	+	(B) (1) The operator of a vessel involved in a collision, accident, or other 12
	109	+	casualty shall [render]: 13
113	110
114		-	2. A PERSON WHO VIOLATES THI S SUBSECTION AND 15
115		-	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 16
116		-	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHER 17
117		-	PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 18
118		-	FELONY AND ON CONVIC TION IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 19
119		-	YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 20
	111	+	(I) RENDER all practical and necessary assistance to persons 14
	112	+	affected by the collision, accident, or casualty to save the persons from danger caused by 15
	113	+	the collision, accident, or casualty, to the extent the operator can do so without serious 16
	114	+	danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 17
120	115
121		-	(B) ~~(1)~~ The operator of ~~a vessel involved in a collision, accident, or other 21~~
122		-	~~casualty shall [render]: 22~~
	116	+	(II) GIVE the operator’s name, address, and the identification of the 18
	117	+	operator’s vessel to any person injured and to the owner of any property damaged. 19
123	118
124		-	(I) RENDER all practical and necessary assistance to persons 23
125		-	affected by the collision, accident, or casualty to save the persons from danger caused by 24
126		-	the collision, accident, or casualty, to the extent the operator can do so without serious 25
127		-	danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 26
	119	+	(2) The duties imposed by this subsection are in addition to any duties 20
	120	+	otherwise imposed by law. 21
128	121
129		-	(II) GIVE the operator’s name, address, and the identification of the 27
130		-	operator’s vessel to any person injured and to the owner of any property damaged. 28
	122	+	(3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 22
	123	+	SUBJECT TO IMPRISONM ENT NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING 23
	124	+	$500 OR BOTH. 24
131	125
132		-	(2) The duties imposed by this subsection are in addition to any duties 29
133		-	otherwise imposed by law. 30
	126	+	[(b)] (C) If an accident involves any vessel subject to this subtitle while on the 25
	127	+	waters of the State and results in the death, disappearance, or injury of any person or in 26
	128	+	property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 27
	129	+	file with the Department a full description of the accident, including any information the 28
	130	+	Department requires by regulation. If the operator is unable to file the report, the vessel 29
	131	+	owner shall file the report. If the accident caused the death or disappearance of any person 30
	132	+	or a person receives medical treatment beyond first aid, the report shall be made within 48 31
	133	+	hours. Any other accident resulting in personal injury or property damage shall be reported 32
	134	+	within 10 days. This subsection does not apply to a vessel required to have a certificate of 33
	135	+	inspection under Chapter 1, Title 46, Code of Federal Regulations. 34
134	136
135		-	(3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 31
136		-	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPRISONM ENT 32
137		-	NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 33
138		-
139		-	[(b)] (C) If an accident involves any vessel subject to this subtitle while on the 34
140		-	waters of the State and results in the death, disappearance, or injury of any person or in 35 4 HOUSE BILL 676
	137	+	[(c)] (D) If any vessel numbered in the State is involved in an accident on waters 35
	138	+	outside of the State, and the accident results in the death, disappearance, or injury of any 36
	139	+	person or in property damage of $2,000 or more, the operator or owner, within 30 days, 37 4 HOUSE BILL 676
141	140
142	141
143		-	property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 1
144		-	file with the Department a full description of the accident, including any information the 2
145		-	Department requires by regulation. If the operator is unable to file the report, the vessel 3
146		-	owner shall file the report. If the accident caused the death or disappearance of any person 4
147		-	or a person receives medical treatment beyond first aid, the report shall be made within 48 5
148		-	hours. Any other accident resulting in personal injury or property damage shall be reported 6
149		-	within 10 days. This subsection does not apply to a vessel required to have a certificate of 7
150		-	inspection under Chapter 1, Title 46, Code of Federal Regulations. 8
	142	+	shall file a complete report with the Department including any information the Department 1
	143	+	requires by regulation. This subsection does not exempt or excuse any operator or owner 2
	144	+	from the requirements of any federal or other state law or rule or regulation having 3
	145	+	jurisdiction over the waters in which the accident occurs. Furthermore, any 4
	146	+	accident–reporting requirement in the federal or other state law or rule or regulation may 5
	147	+	not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 6
	148	+	State to report the accident in the State. 7
151	149
152		-	[(c)] (D) If any vessel numbered in the State is involved in an accident on waters 9
153		-	outside of the State, and the accident results in the death, disappearance, or injury of any 10
154		-	person or in property damage of $2,000 or more, the operator or owner, within 30 days, 11
155		-	shall file a complete report with the Department including any information the Department 12
156		-	requires by regulation. This subsection does not exempt or excuse any operator or owner 13
157		-	from the requirements of any federal or other state law or rule or regulation having 14
158		-	jurisdiction over the waters in which the accident occurs. Furthermore, any 15
159		-	accident–reporting requirement in the federal or other state law or rule or regulation may 16
160		-	not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 17
161		-	State to report the accident in the State. 18
	150	+	[(d)] (E) The required report of a boating accident may not be referred to during 8
	151	+	any judicial proceeding. It is not subject to subpoena or admissible as evidence in any 9
	152	+	proceeding. Subject to these restrictions, information contained in a boating accident report 10
	153	+	and any statistical information based on the report is available on request for official 11
	154	+	purposes to the U.S. Coast Guard and its successor agency. 12
162	155
163		-	[(d)] (E) ~~The required report~~ of ~~a boating accident may not be referred to during 19~~
164		-	~~any judicial proceeding.~~ ~~It is not subject~~ to ~~subpoena or admissible as evidence~~ in ~~any 20~~
165		-	~~proceeding. Subject to these restrictions~~, ~~information contained in a boating accident report 21~~
166		-	~~and~~ any ~~statistical information based on~~ the ~~report is available on request for official 22~~
167		-	~~purposes~~ to ~~the U.S~~. ~~Coast Guard and its successor agency. 23~~
	156	+	[(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 13
	157	+	gratuitously and in good faith renders or attempts to render assistance to any vessel in 14
	158	+	distress on any waters of the State without objection from any person assisted, is not liable 15
	159	+	for any civil damage as the result of any act or omission by the person in rendering 16
	160	+	assistance, if the act or omission does not amount to gross negligence. 17
168	161
169		-	[(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 24
170		-	gratuitously and in good faith renders or attempts to render assistance to any vessel in 25
171		-	distress on any waters of the State without objection from any person assisted, is not liable 26
172		-	for any civil damage as the result of any act or omission by the person in rendering 27
173		-	assistance, if the act or omission does not amount to gross negligence. 28
174		-
175		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
176		-	October 1, 2025. 30
	162	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
	163	+	October 1, 2025. 19
177	164
178	165
179		-
180		-	Approved:
181		-	________________________________________________________________________________
182		-	Governor.
183		-	________________________________________________________________________________
184		-	Speaker of the House of Delegates.
185		-	________________________________________________________________________________
186		-	President of the Senate.